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Created: 21 December 2017

JAMMU: Prof.Bhim Singh, Chief Patron of National Panthers Party,  Executive Chairman of State Legal Aid Committee, an LL.M with distinction from London University has urged the Supreme Court of India to initiate contempt proceeding against the Union of India in connection with the statement made by the Minister of State for Home Shri Hansraj Ahir yesterday (20th December, 2017)  while replying to a question relating to Article 35(A) & 370 of the Constitution of India in Rajya Sabha. The question was raised by Rajya Sabha Member, Sardar Sukhdev Singh Dhindsa asking the Minister of Home Affairs to state the status quo of abolishing Article 35(A) and Article 370 in respect of Jammu and Kashmir.

Prof.Bhim Singh, a Senior Advocate in the Supreme Court urged the President of India to take appropriate action against the erring minister who committed a contempt of the court while representing the Govt. of India in the Rajya Sabha.

 

Prof.Bhim Singh accused the Union of India for the contempt of the Supreme Court which is seized of this issue as two writ petitions are pending before the Supreme Court. One against the Presidential Order of May, 1954 when the President of India introduced amendment in Article 35 in the Constitution of India which is the concluding Article in Chapter-III in the Indian Constitution dealing with the Fundamental Rights of the Indian citizens. All Indian citizens were entitled to the benefit of Chapter-III of the Constitution of India dealing with the Fundamental Rights in 1954. The statement made by the Minister on behalf of the Union Govt. of India  amounts to committing the contempt of the court when it says that, “It (35A) empowers with the State (J&K) legislature to defying the State Permanent Residents and their special rights and privileges".

The statement  issued through the Secretariat of Parliament further said that, “While the Jammu and Kashmir contested the petition saying the President had the power to incorporate a new provision in the Constitution by way of an order, the Centre had expressed its reservations”. Prof.Bhim Singh accused the Union Govt. for trying to malign by trying to plead the case before the Parliament what the Govt. should have contested before the Supreme Court of India. Prof.Bhim Singh said that this is a serious matter that the Union Govt. headed by Shri Narendra Modi is trying to politicize a matter which is pending before the Apex Court.

Prof.Bhim Singh urged the Supreme Court of India to issue a contempt notice to the Union of India for trying to malign the court and for trying to play politics over Article 35(A) which is not covered at all in any provision  of the Constitution of India where President of India had/has any competence to deal with such a situation/a legal case already pending before the Supreme Court of India. Prof.Bhim Singh said that the Supreme Court shall open on 4th January, 2018 and he shall constitute a committee within the meaning and scope of State Legal Aid Committee, J&K (a Regd. Society) for appropriate action against the erring persons, may they be Members of Parliament or the Union Govt. Prof.Bhim Singh said that BJP has tried to defend Article 35(A) by misquoting its scope and authority because it is not a part of Article 370 nor 35(A) is the enactment of the Parliament. He said that Prime Minister of India owes an explanation to the entire nation. He said Shri Modi ji can fool the world on Gujarat polls but he cannot fool the entire world on the enactments/legal powers of the Parliament.